MINUTES OF THE STRASBURG PLANNING COMMISSION WORK SESSION HELD ON NOVEMBER 10, 2005, 7:30 P.M. IN THE STRASBURG COUNCIL CHAMBERS OF THE TOWN HALL.
Strasburg Planning Commission Members Present: Chairman Smith and Commissioners Howard, Kepler, Littrell, and Whittle and Council Member Larrick. Absent: Commissioner Elliott. Others present: Planner Amos, Mayor Crisman, and Council Member Rinker.
Chairman Smith called the meeting to order.
Council Member Larrick announced the appointment of Eunice Terndrup to the Planning Commission. Mrs. Terndrup will begin her tenure on January 1, 2006, due to the resignation of Mary Ann Littrell; Mrs. Terndrup’s term will expire December 31, 2008. Council Member Larrick also said he would not be returning to the Commission as the Council representative. Chairman Smith welcomed Mrs. Terndrup to the Commission.
Discussion:
RZ2005-06 R.D. Investments, L.C., requesting that 9.63 acres of property be rezoned from X-Transitional to Residential (R-2C). The property is located approximately 800 ft. west of the intersection of Power Drive and Radio Station Road. Parcel Identification Number (PIN): 016((10)) 007, 008, and 012.
Rob Smith, Butterfield Homes, applicant and David Lellock, Urban Engineering: Mr. Smith stated he wanted to tell the Commissioners of the items they have addressed since the last meeting. The first item mentioned was the update of the proffer statement. Commissioner Littrell said there was a slight change in that it now reads “buffer easement,” but it doesn’t address Radio Station Road. A discussion followed and both Mr. Lellock and Planner Amos are awaiting word from Mr. Ingram (VDOT). Commissioner Littrell read from the October 13, 2005 minutes where Mr. Ingram said “he had not seen proffers to VDOT concerning impact to traffic on Route 11 and Radio Station Road, but he had spoken to Mr. Smith and he seemed agreeable to adding this to the proffers.” Mr. Lellock said he had missed this part and this would be taken care of.
Since the last meeting a preliminary study has been done of the area as to sink holes, etc. Mr. Lellock said Mr. Bob Denton of Specialized Engineering said there were some geological features on this site, but he only found one potential covered sink hole and this was pointed out on the diagram. The study’s recommendation was to have further studies done as the project moves forward. A copy of the report was made available to Planner Amos (attached hereto).
The concern of the number of townhomes on the property was addressed. Mr. Smith said there are more townhomes in the plan than what he actually wanted to see. He said this is a conception of the idea, but that townhomes are a good fit in certain areas. Commissioner Whittle asked about the number of units being changed on the proffer from 45 to 50 homes. Mr. Lellock said this was because of the townhomes and the density of these. Chairman Smith read from the proffer statement: “The applicant proffers a maximum of 50 dwelling units on the property…Also, the applicant agrees to look at the total number of units allowed under the above mentioned section (Special Uses section) to 18 total units included with the 45 total units.” He said it was 50 units in one portion and 45 in another; Commissioner Littrell questioned this also. Mr. Lellock said it should be 50 units in both places of the proffer statement. Chairman Smith also questioned the easement proffer and asked if the backyards would be considered in the buffering area. Mr. Lellock said the lots could actually extend into this buffering depending on how the townhomes are set; he said “the property lines could push into that, but the setbacks would be based on 50’ off so it would really be 80’ off the right-of-way with the back setback.” Mr. Rob Smith said they are trying to create a 50’ buffer that won’t need to be touched when the road goes through.
Mr. Rob Smith said there had been a question about phasing and he said he could not address the phasing process at this point, but he thinks building would start with single family homes. Chairman Smith reminded Mr. Smith that the Council likes to have a phasing number per year.
Mr. Smith said more thought had gone into the buffering along Power Drive. He wants to do the right thing with people who would be building homes along this. He said there is a nice natural buffer there now, but he is not sure if this is enough. He is struggling with cutting trees and building a berm for a road that is not built at this time. He said they are considering dedicating an easement for additional buffering for later years. Mr. Lellock explained some technical solutions to the buffering problem. The first solution was a wooden noise barrier that would deaden the sound. The fence would be buried in the ground and is typically 4’ to 8’ high. There could also be a combination of berm, fencing, and natural buffering. Mr. Lellock provided an exhibit of his ideas and he explained the sheets to the Commission and said there are different ways to address this. He said the sound could also be deadened by the architecture of the townhomes by putting more soundproofing in the exterior walls. Mr. Smith said he just wanted everyone to know that there are technical solutions to this. Chairman Smith said he would be concerned that the Town would end up paying for the project if this is not done at this time. Mr. Lellock said if the road is built with State funds, it may be up to the builder of the road to create this sound buffering. Commissioner Littrell asked if more sound insulation is the way they are going, should it be in the proffer statement. Chairman Smith said he felt it should be in this. Commissioner Howard asked about the life of a board fence and who would be responsible for this. Mr. Smith said it would belong to the homeowners association and they would be responsible for this as well as for the maintenance of the natural buffering. Chairman Smith suggested having a covenant that would ensure the homeowners association would maintain these.
Commissioner Kepler said that this was a part of the Industrial Park and he thinks it is the Town’s responsibility to keep this as industrial and make this a self-sustaining community and not a bedroom community. He does not think this is an appropriate use for this land at all. Mr. Smith said this property already adjoins residential and there is some commercial in the concept. He said the commercial would be along Radio Station Road and this would fit in with the Town’s Comprehensive Plan. Commissioner Kepler is afraid if we don’t stop with the housing then the only industrial sites will be those that are in the County. Planner Amos asked Commissioner Littrell, who served on the original committee for the Industrial Park planning, if this property was included in the plans for industrial; both Commissioner Littrell and Council Member Rinker said it had not been. Planner Amos asked if Commissioner Littrell remembered why this portion had been left out. Commissioner Littrell said she did not know, but Council Member Rinker explained these lots were already platted lots from the Bunn subdivision and the Industrial Park was not actually planned to come down along Power Drive. Council Member Rinker explained more about the areas that were and were not a part of the Industrial Park by using the map on display. He said it was never the intent of the Town to make that entire area an industrial park. He continued by saying that the intent was to meld the residential into an industrial area and that somewhere the two will have to join together. In his opinion, residential is already close and with the proper berming, he does not see the harm to this site being residential. He said from that point on, if Mr. Dellinger wants to do something industrial with his property, he will have to do it in accordance with his zoning. Chairman Smith thanked Council Member Rinker for his insight on the history of the area, but he felt he was giving more information than originally asked for.
Chairman Smith said the question is where and how the transition should be from residential to industrial. He said he was looking for the best way to transition this area. Mr. Smith said they have tried to deal with it with the 50’ buffer and additional sound mitigation and also by using townhomes. He said they chose to put townhomes where they have because of the height. Chairman Smith said he personally has a problem with the townhomes because you are putting more residences near the proposed road, instead of further away, but he added this is just his opinion.
Commissioner Whittle would like to see a lower build out of 45 instead of 50 and he thinks figures will have to be looked at as to the number of homes the Town is already committed to in the next few years. He said as a commissioner he is looking at the land use, but if this is passed on to the Council, it may be a challenge for them to decide if 2006 is a reasonable time to begin building.
Mr. Smith asked if there were any other points the Commissioners would like addressed. Chairman Smith said a great effort has been put forth and he appreciates that.
Don Downey, real estate agent in Strasburg: Mr. Downey said he has property that faces Radio Station Road and there were several points he wanted to bring up and he handed out diagrams to help explain his points:
1) He said this property is not in the middle of M1 zoning. He handed out a diagram of the area and explained how the land is situated. He said when the Town Council took the land in, it was all zoned Transitional, and the landowners were told to come to the Town when they were ready to have the zoning changed. The idea of an industrial park was not an issue at that time.
2) M-1 zoning and residential zoning are compatible and he has gotten this from the Zoning Book of Strasburg which he interpreted as saying, the intent of M-1 zoning is for “it to be compatible and that basically the burden of proof or the burden of responsibility is on the M-1 owner.” He read directly from the Zoning Code which reads, “The primary purpose of this district (M-1) is to permit certain industries, which do not unduly detract from residential desirability, to locate in areas which may be adjacent to residential districts…are imposed to protect and foster adjacent residential desirability while permitting industries to locate near a labor supply.” He continued by saying that “any prudent developer is going to want to do some sort of buffering; if he is going to produce a package to sell, he doesn’t want to have something undesirable in the backyard.” He reminded all that some of the buffering will be the responsibility of the M-1 user.
3) The “infamous” road --- Mr. Downey said “on the plat of that subdivision, there were several roads divided and one of them was Power Drive. There have been discussions at the County level, and I have been involved in some of those, and there has been talk of that road being developed and put through there, but I can tell you my impression, and other people’s, is that the exact location of any future connector road is not necessarily going to be Power Drive. Power Drive is platted, but it may or may not be developed in as much as some sort of a service road to that immediate area, but it is not a given, it is not an absolute that Power Drive is going to be any part of that connector road.”
4) Greatest need of real estate is for residential. He said the County has put a lot of effort into bringing industry into this area, but basically to no avail. The demand and need for residential has only increased and continues to increase. He concluded by saying there is ample land out in the area, but the County can’t get rid of the industrial land.
He encouraged the Commission to work with Butterfield Homes to come up with some sort of mutual agreement.
Scott Marsh, Marsh and Legge Land Surveyors, representing Mr. Terry Dellinger, an adjoining landowner: Mr. Marsh said he just wanted to give a brief history of the Bunn subdivision of which the land is part of. He said Council Member Rinker was correct in that Mr. Bunn had created this in 1989 and it was called the Strasburg Business and Industrial Park. Mr. Marsh explained this land in question was acquired by the present owner at auction in 1995 and he discussed the auction and how the land was sold and divided and he read from a copy of the auction advertisement. He said this area was not in the Initiative because it was already zoned M-1, and that Mr. Terry Dellinger had served on the Strasburg Initiative committee. The land was annexed into Town on January 1, 2000, and at this time all the land was brought in as X-transitional. He said Mr. Dellinger had his property zoned industrial and has proffered a 60’ right-of-way for the connector road. He said the road is already started and this would be the main connector, ideally. Mr. Marsh said they are opposing this because Mr. Dellinger has his land already zoned industrial. Mr. Dellinger is actively a part of the corridor and he gets calls on a regular basis and he can’t sell his lots because there is no access to the property. Mr. Marsh said industrial parks do not happen quickly and showed pictures of the Westside Business Park in Winchester that was started in 1989 and is still being developed. He wants to know where the Town will have its Commercial and Industrial areas if not here. He said there is already a lot of traffic in the area now and truck traffic makes a lot of noise. He concluded by saying the Strasburg Initiative was adopted by the Town. Will Mr. Dellinger be affected by the zoning of this property? Mr. Marsh thinks he will. Will the County be affected? Yes, he believes they will and the Town would be walking away from its commitment to the County on the Industrial Park.
Mil Wallen, 160 Hilltop Farm Lane, Strasburg, VA: Mr. Wallen said he just wanted to re-emphasis a point Mr. Downey made in that it is in the Town Code and the Comprehensive Plan calls for residential. In development and land planning you have to have roof tops first and then you need to get commercial and you will be able to attract commercial at that time and finally, after you have the first two, you can try for industrial. “The County of Shenandoah has 588 acres of available industrial land; we don’t need it; it’s a proven fact we haven’t been able to develop it as industrial.” He added on Route 11N there is over 50 acres of available commercial land. He thinks things should be done in the proper order: “get our rooftops; let’s develop the commercial, and then we will develop the industrial; makes sense to me.”
Jeff Aimonetti, Chairman of the Shenandoah County Planning Commission and member of the Economic Development Committee: “The basic issue is you have M-1, where does the residential stop.” He continued by saying as planners you have to have division. It must be decided what is wanted out there. The road will be completed, they just don’t have a time frame for the completion, but it will be done. When it is completed, there will be a lot of truck traffic. “Will a buffer serve its purpose of mitigating the noise? I don’t know.” Bonding would take care of the cost of buffering if it is not done now if the developers are not around when the road is completed.
Commissioner Kepler said he thinks the use of this property should really be looked at. “We’re putting residential uses up against an industrial road and the property would be better served as commercial/industrial to serve as buffers to Founders Landing.” Chairman Smith said he tended to agree with this statement.
Chairman Smith asked if the Commissioners were ready to vote on this issue at the regular meeting. Commissioner Littrell said they would need the amended proffers. It was scheduled for the regular agenda at the November 22 meeting. Commissioner Littrell asked if a public hearing would be required on this and Planner Amos answered there would be one before the Council would vote on it.
Council Member Rinker said “I would like to note on my behalf here this evening a complaint. The rest of the folks got up here, were able to say what they wanted to say, as long as they wanted to say it. Actually, when I got up, I had a couple of other points that I would like to have made; you (Chairman Smith) asked me to sit down. I just want the press to note an official complaint. Chairman Smith said that in answer to that, “you didn’t sign up to speak.” Council Member Rinker said Chairman Smith “always asks everyone to voice their opinion, this is an open session, and the next time then I will sign-up.” Chairman Smith apologized for “cutting him off” and Council Member Rinker said it was very rude. Chairman Smith said he was enforcing the rules of the meeting and the by-laws of the Planning Commission.
Derby Ridge Subdivision and Site Plan review
Commissioner Kepler reclused himself from any discussion on this project and left the room while discussion took place.
Andy Conlon, Greenway Engineering, Winchester, VA: Mr. Conlon explained the project consists of 64 acres of land, zoned R-1-B, and is at the intersection of Junction Road and Green Acres Drive. In September, the site plan was submitted, but comments were not received from the Town’s engineers in time for the next meeting. Since then, the applicants have responded to the comments of the engineers and all have been addressed with the exception of the water model which they are still working on. He is asking that the project be placed on the agenda for the meeting on November 22.
Commissioner Littrell said there are no lights at the entrance at Junction Road or Green Acre Drive. Mr. Conlon explained they are working with Allegheny Power as to where the light poles should be located.
Commissioner Littrell had a particular question about the curbs and how they were diagramed and asked if this was handicapped and Mr. Conlon said it was A.D.A. accessible ramps.
Planner Amos said they have received some extensive comments from the on-call engineering firm and that staff is currently looking at the responses to the comments made in the first report.
Council Member Rinker asked about water pressure in this area as it worries him that this development could affect this; he hopes they have made adequate provisions to keep the water pressure up to the area. He also wants to make sure there is adequate piping for the waste to come back into Town. Mr. Aaron Hoover, with Greenway Engineering, said there are extensive changes to be made with the water system. The pump station currently used at Strasburg Junction will be replaced and there will also be booster pumps so the existing situation will be improved. He added the water model has been made and they are working on some comments made by a third-party engineering firm. Council Member Rinker again asked about the wastewater line coming back into Town. Plans show for a replacement of the current pipe with a plastic force main.
It was decided to add Derby Ridge Subdivision and Site Plan to the regular agenda for the next meeting.
Planner Amos said the Design Guidelines will be discussed at the next meeting.
Planner Amos explained the BZA had an application for a variance on the width of parking spaces on a commercial site. Parking spaces have been measured at several locations in Town and more information is being sought from other localities on sizes of spaces. The BZA has recommended this be brought before the Ordinance Committee. This will be added to the agenda as an information item.
Meeting adjourned at 8:45 p.m.